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The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

A Clinical Study on Transpulmonary Leukostasis and Prophylactic Effects of Steroid in Cardiac Surgery (심장수술시 백혈구의 폐내정체와 스테로이드의 예방적 효과에 관한 연구)

  • 최석철
    • Biomedical Science Letters
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    • v.2 no.2
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    • pp.133-151
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    • 1996
  • After cardiac surgery, it has been recognized that various complications were associated with injured humoral and cellular immunity by cardiopulmonary bypass(CPB). Especially, in postoperative pulmonary dysfunction, transpulmonary leukostasis followed complement activation and inflammatory responses are major pathogen. Some studies have showed that pretreated-corticosteroids before CPB protected postoperative pulmonary dysfunction. Corticosteroids may inhibit complement and leukocyte activation. On based previous studies, present investigator determined changes of leukocyte counts and transpulmonary leukostasis during cardiac surgery and postoperative periods. For the evaluation of postoperative pulmonary function and edema, $PaO_2$ and chest X-ray were compared between pre-CPB and post-CPB. Fever and other parameters were also observed postoperatively. The aim of this study was to define for the prophylactic effects of corticosteroid(Solu-Medrol: 30mg/kg) on all the researched parameters. This study was prospectively designed with randomized-blind fashion for 50 patients undergoing cardiac surgery. According to the purpose of study, all patients were divided into placebo and steroid group. : Placebo group was 25 patients received normal saline(not corticosteroid), and steroid group was 25patients received corticosteroid(Solu-Medrol: 30mg/kg) before initiation of CPB. The results of study were summarized as follows. 1. Total peripheral leukocyte counts decreased significantly at 5 minutes of CPB in all patients(P<0.01), and began to increase progressively at later periods of CPB with neutrophilia. The significant rise remained at postoperative 7th day(P<0.05). 2. During partial CPB, transpulmonary leukostasis occurred in placebo group(P<0.001), whereas it was prevented in steroid group. 3. In both groups, peripheral lymphocyte counts were stable during CPB, but began to reduce at time of intensive care unit(ICU) and the lymphocytopenia remained until postoperative 3rd day. The lymphocyte counts recovered on postoperative 7th day. 4. In both groups, peripheral counts of monocyte were relatively stable in the early peroid of CPB, and increased gradually in the later periods of CPB. This significant monocytosis remained throughout postoperlative periods(P<0.05). 5. The mean value of postoperative $paO)_2$ was lower than that of pre-CPB in placebo group(P=0.01) but didn't significant in steroid group(P=0.90). In the incidence of pulmonary edema signs and fever, placebo group was higher than steroid group(P=0.001, p=0.01, respectively). However mechanical respiratory supporting and care periods at intensive care unit were not significant difference between two groups(P>.0.05).With the above results, the investigator concluded that leukocyte activation and pulmonary sequestration were caused by cardiac surgery with CPB and demonstrated that high dose corticosteroid will provide prophylactic effect for pulmonary leukostasis and higher neutrophilia. These effects may ameliorate postoperative pulmonary dysfunction and contribute to postoperative less morbidity. However, further study should be performed because postoperative lymphocytopenia continued for 3 days in both groups, which may suspected damage or suppression of cell-mediated immunity with used corticosteroid.

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Prehospital Status of the Patients with Ischemic Chest Pain before Admitting in the Emergency Department (허혈성 흉통 환자의 응급의료센터 방문 전 상황)

  • Jin, Hye-Hwa;Lee, Sam-Beom;Do, Byung-Soo;Chun, Byung-Yeol
    • Journal of Yeungnam Medical Science
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    • v.24 no.1
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    • pp.41-54
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    • 2007
  • Background : The causes of chest pain vary but the leading cause of chest pain is ischemic heart disease. Mortality from ischemic chest pain has increased more than two fold over the last ten years. The purpose of this study was to determine the data necessary for rapid treatment of patients with signs and symptoms of ischemic chest pain in the emergency department (ED). Materials and Methods : We interviewed 170 patients who had ischemic chest pain in the emergency department of Yeungnam University Hospital over 6 months with a protocol developed for the evaluation. The protocol used included gender, age, arriving time, prior hospital visits, methods of transportation to the hospital, past medical history, final diagnosis, and outcome information from follow up. Results : Among 170 patients, there were 118 men (69.4%) and the mean age was 63 years. The patients diagnosed with acute myocardial infarction (AMI) were 106 (62.4%) and with angina pectoris (AP) were 64 (37.6%). The patients who had visited another hospital were 68.8%, twice the number that came directly to this hospital (p<0.05). The ratio of patients who visited another hospital were higher for the AMI (75.5%) than the AP (59.4%) patients (p<0.05). The median time spent deciding whether to go to hospital was 521 minutes and for transportation was 40 minutes. With regard to patients that visited another hospital first, the median time spent at the other hospital was 40 minutes. The total median time spent before arriving at our hospital was 600 minutes (p>0.05). The patients who had a total time delay of over 6 hours was similar 54.8% in the AMI group and 57.9% in the AP group (p>0.05). As a result, only 12.2% of the patients with an AMI received thrombolytics, and 48.8% of them had a simultaneous percutaneous coronary intervention (PCI). In the emergency department 8.5% of the patients with an AMI died. Conclusion : Timing is an extremely important factor for the treatment of ischemic heart disease. Most patients arrive at the hospital after a long time lapse from the onset of chest pain. In addition, most patients present to a different hospital before they arrive at the final hospital for treatment. Therefore, important time is lost and opportunities for treatment with thrombolytics and/or PCI are diminished leading to poor outcomes for many patients in the ED. The emergency room treatment must improve for the identification and treatment of ischemic heart disease so that patients can present earlier and treatment can be started as soon as they present to an emergency room.

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Analyzing the User Intention of Booth Recommender System in Smart Exhibition Environment (스마트 전시환경에서 부스 추천시스템의 사용자 의도에 관한 조사연구)

  • Choi, Jae Ho;Xiang, Jun-Yong;Moon, Hyun Sil;Choi, Il Young;Kim, Jae Kyeong
    • Journal of Intelligence and Information Systems
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    • v.18 no.3
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    • pp.153-169
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    • 2012
  • Exhibitions have played a key role of effective marketing activity which directly informs services and products to current and potential customers. Through participating in exhibitions, exhibitors have got the opportunity to make face-to-face contact so that they can secure the market share and improve their corporate images. According to this economic importance of exhibitions, show organizers try to adopt a new IT technology for improving their performance, and researchers have also studied services which can improve the satisfaction of visitors through analyzing visit patterns of visitors. Especially, as smart technologies make them monitor activities of visitors in real-time, they have considered booth recommender systems which infer preference of visitors and recommender proper service to them like on-line environment. However, while there are many studies which can improve their performance in the side of new technological development, they have not considered the choice factor of visitors for booth recommender systems. That is, studies for factors which can influence the development direction and effective diffusion of these systems are insufficient. Most of prior studies for the acceptance of new technologies and the continuous intention of use have adopted Technology Acceptance Model (TAM) and Extended Technology Acceptance Model (ETAM). Booth recommender systems may not be new technology because they are similar with commercial recommender systems such as book recommender systems, in the smart exhibition environment, they can be considered new technology. However, for considering the smart exhibition environment beyond TAM, measurements for the intention of reuse should focus on how booth recommender systems can provide correct information to visitors. In this study, through literature reviews, we draw factors which can influence the satisfaction and reuse intention of visitors for booth recommender systems, and design a model to forecast adaptation of visitors for booth recommendation in the exhibition environment. For these purposes, we conduct a survey for visitors who attended DMC Culture Open in November 2011 and experienced booth recommender systems using own smart phone, and examine hypothesis by regression analysis. As a result, factors which can influence the satisfaction of visitors for booth recommender systems are the effectiveness, perceived ease of use, argument quality, serendipity, and so on. Moreover, the satisfaction for booth recommender systems has a positive relationship with the development of reuse intention. For these results, we have some insights for booth recommender systems in the smart exhibition environment. First, this study gives shape to important factors which are considered when they establish strategies which induce visitors to consistently use booth recommender systems. Recently, although show organizers try to improve their performances using new IT technologies, their visitors have not felt the satisfaction from these efforts. At this point, this study can help them to provide services which can improve the satisfaction of visitors and make them last relationship with visitors. On the other hands, this study suggests that they managers along the using time of booth recommender systems. For example, in the early stage of the adoption, they should focus on the argument quality, perceived ease of use, and serendipity, so that improve the acceptance of booth recommender systems. After these stages, they should bridge the differences between expectation and perception for booth recommender systems, and lead continuous uses of visitors. However, this study has some limitations. We only use four factors which can influence the satisfaction of visitors. Therefore, we should development our model to consider important additional factors. And the exhibition in our experiments has small number of booths so that visitors may not need to booth recommender systems. In the future study, we will conduct experiments in the exhibition environment which has a larger scale.

Effect on Fruit Quality and Tree's Main Disease Control by Agro-chemical alternatives (대체농업자재에 의한 과수의 품질 및 주요병해방제 효과)

  • Nam, Ki-Woong;Kim, Seung-Hwan
    • Korean Journal of Organic Agriculture
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    • v.10 no.3
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    • pp.67-77
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    • 2002
  • This study was conducted to investigate an effects on ago-chemical alternative materials such as the wood vinegar, a lactic acid bacteria serum, the fermented plant juice, the brown rice vinegar and a Chitosan used for amount and qualities of fruits and to examine the pest protection efficiency for their uses in the apple and pear orchard farms. An apple yields in the orchard cultivated with using the ago-chemical alternative materials without appling the fertilizer and pesticides were decreased at 56% relative to the conventional farming practice method. Also, it was indicated that there was difficult to produce the fruits with marketability because the small sizes of fruits were produced. For the quality of fruits, the brix of apple produced in the orchard cultivated with using the ago-chemical alternative materials was similar, but Vitamin C content was greater than that of the conventional farming practice method. As a results of treating with the wood vinegar, a lactic acid bacteria serum, the fermented plant juice, the brown rice vinegar and a Chitosan instead of applying pesticides, the fruit disease in the Chitosan treatment was a little decreased, but was great occurred in the other treatments compared with the conventional farming practice mehod. However, it observed that brix and Vitamin C content of apple produced in the Chitosan, brown rice vinegar, fermented plan juice and fish amino acid treatments and in the Chitosan, brown rice vinegar, charcoal power and peat moss treatments were greater than those of the conventional farming practice method, respectively. Over all, it considered that there was very difficult to manage the orchard depended on the ago-chemical alternative materials without appling the chemical fertilizer and pesticides in the apple orchard, but it might be proper to use the ago-chemical alternative materials as an auxiliary means to decrease the appling amount of chemical fertilizer and pesticides. Furthermore, the general effects on the ago-chemical alternative materials to the perennial fruits should be investigated with considering the changes of soil fertility, soil microbial status and natural enemy creatures after treating them for a long time.

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STANDARDS FOR KOREAN ADULT FACIAL RELATIONSHIPS BY VARIOUS ROENTGENO - CEPHALOMETRIC ANALYSIS (두부(頭部)X선(線) 규격(規格) 측모사진계측(側貌寫眞計測)에 의한 한국인(韓國人) 성년남녀(成年男女)의 표준치(標準値)에 관(關)한 연구(硏究))

  • Lee, Chong Taik
    • The korean journal of orthodontics
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    • v.18 no.2
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    • pp.459-474
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    • 1988
  • A study was made of a method of rational assessment on the roentgeno-cephalogram in orthodontic practice. Fifty eight measurements were analyzed on the roentgeno-cephalograms of 50 male and 50 female Korean adults with the acceptable profile and the normal occlusion. The means and standard deviations of measurements were studied in male and female groups by various analytic methods, and the sex difference was examined statistically. The obtained data were compared with those of the Japanese and American standards by useing a Japanese adults standard polygon chart reported by lizuka and Ishikawa. Amongs of 58 measurements, 14 have been selected as statistically significant and clinically useful, and used to make a Korean adult standard polygon chart. The results obtained were as follows: 1. Standards for cphalometric analysis in Korean adults were obtained, and the polygon chart and cephalometric profilogram were also made by using the standards in order to apply to a clinical diagnosis. 2. The sex difference was recognized in linear measurements, but not in angular measurments. 3. In comparison with the American standards from Downs and Graber, the Korean showed significant differences in angle of convexity, mandibular plane angle, Y-axis angle, interincisal angle and lower incisor to mandibular plane angle. Thus, the Korean showed a more retruded chin position, convex facial type, than white people. 4. In comparison with the Japanese standards from Iizuka and Ishikawa, the Korean showed a significant similarity with the Japanese, especially in females. 5. Upper incisor to Huxely line angle, established as a new measurement, proved to be paralell to X-Y axis angle.

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Evaluation of Every Other Day - Cone Beam Computed Tomography in Image Guided Radiation Therapy for Prostate Cancer (전립선암의 영상유도방사선치료 시 격일 콘빔 CT 적용의 유용성 평가)

  • Park, Byoung Suk;Ahn, Jong Ho;Kim, Jong Sik;Song, Ki Won
    • The Journal of Korean Society for Radiation Therapy
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    • v.26 no.2
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    • pp.289-295
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    • 2014
  • Purpose : Cone Beam Computed Tomography(CBCT) in Image Guided Radiation Therapy(IGRT), Set-up error can be reduced but exposure dose of the patient due to CBCT will increase. Through this study, we are to evaluate by making a scenario with the implementation period of CBCT as every other day. Materials and Methods : Of prostate cancer patients, 9 patients who got a Intensity Modulated Radiation Therapy(IMRT) with CBCT in IGRT were analyzed. Based on values corrected by analyzing set-up error by using CBCT every day during actual treatment, we created a scenario that conducts CBCT every other day. After applying set-up error values of the day not performing CBCT in the scenario to the treatment planning system(Pinnacle 9.2, Philips, USA) by moving them from the treatment iso-center during actual treatment, we established re-treatment plan under the same conditions as actual treatment. Based on this, the dose distribution of normal organs and Planning Target Volume(PTV) was compared and analyzed. Results : In the scenario that performs CBCT every other day based on set-up error values when conducting CBCT every day, average X-axis : $0.2{\pm}0.73mm$, Y-axis : $0.1{\pm}0.58mm$, Z-axis : $-1.3{\pm}1.17mm$ difference was shown. This was applied to the treatment planning to establish re-treatment plan and dose distribution was evaluated and as a result, Dmean : -0.17 Gy, D99% : -0.71 Gy of PTV difference was shown in comparison with the result obtained when carrying out CBCT every day. As for normal organs, V66 : 1.55% of rectal wall, V66 : -0.76% of bladder difference was shown. Conclusion : In case of a CBCT perform every other day could reduce exposure dose and additional treatment time. And it is thought to be able to consider the application depending on the condition of the patient because the difference in the dose distribution of normal organs, PTV is not large.

Prediction of field failure rate using data mining in the Automotive semiconductor (데이터 마이닝 기법을 이용한 차량용 반도체의 불량률 예측 연구)

  • Yun, Gyungsik;Jung, Hee-Won;Park, Seungbum
    • Journal of Technology Innovation
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    • v.26 no.3
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    • pp.37-68
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    • 2018
  • Since the 20th century, automobiles, which are the most common means of transportation, have been evolving as the use of electronic control devices and automotive semiconductors increases dramatically. Automotive semiconductors are a key component in automotive electronic control devices and are used to provide stability, efficiency of fuel use, and stability of operation to consumers. For example, automotive semiconductors include engines control, technologies for managing electric motors, transmission control units, hybrid vehicle control, start/stop systems, electronic motor control, automotive radar and LIDAR, smart head lamps, head-up displays, lane keeping systems. As such, semiconductors are being applied to almost all electronic control devices that make up an automobile, and they are creating more effects than simply combining mechanical devices. Since automotive semiconductors have a high data rate basically, a microprocessor unit is being used instead of a micro control unit. For example, semiconductors based on ARM processors are being used in telematics, audio/video multi-medias and navigation. Automotive semiconductors require characteristics such as high reliability, durability and long-term supply, considering the period of use of the automobile for more than 10 years. The reliability of automotive semiconductors is directly linked to the safety of automobiles. The semiconductor industry uses JEDEC and AEC standards to evaluate the reliability of automotive semiconductors. In addition, the life expectancy of the product is estimated at the early stage of development and at the early stage of mass production by using the reliability test method and results that are presented as standard in the automobile industry. However, there are limitations in predicting the failure rate caused by various parameters such as customer's various conditions of use and usage time. To overcome these limitations, much research has been done in academia and industry. Among them, researches using data mining techniques have been carried out in many semiconductor fields, but application and research on automotive semiconductors have not yet been studied. In this regard, this study investigates the relationship between data generated during semiconductor assembly and package test process by using data mining technique, and uses data mining technique suitable for predicting potential failure rate using customer bad data.

Problems of Water Use and Estimation of Water Right in North Han River Shared by North and South Korea (II) - Estimation of Water Right in Downstream Area (남북공유하천 북한강의 물이용 문제점 및 수리권 추정 (II) -하류유역 수리권 추정)

  • Ahn, Jong-Seo;Lee, Gwang-Man;Jung, Kwan-Sue
    • Journal of Korea Water Resources Association
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    • v.44 no.4
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    • pp.315-325
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    • 2011
  • There are not many practical measures to solve a water conflict, when a hydromorphologically asymmetric situation in international rivers exists whereby downstream users may not affect upstream users but upstream users do cause downstream impacts. In taking advantage of this merit, North Korea has built Imnam Dam in upstream of North Han River and uses water for trans-basin hydropower generation. As an impact of this dam South Korean' area as a downstream user has been suffered from water deficit and dry river. It is very critical for South Korea to solve a key problem such as water allocation for water supply and river maintenance. Therefore, this study is aim to suggest alternatives for equitable water allocation in consideration of special circumstances between the South and the North. For this, reviewing the allocation methods of water rights is carried using lessons obtained from international river cases. The results show that the minimum desired streamflow is calculated at 7.3 $m^3/sec$; water budget analysis by the equitable distribution of streamflows at the border line of the North Han River, the difference in water supply deficiency is at 3.7 $m^3/sec$ before and after Imnam Dam; in the determined distribution method, the difference in water deficiency is at 11.38 $m^3/sec$. These results show that South Korea should be secured 11.38 $m^3/sec$ from North Korean's Imnam Dam in respective of water use right and sound river maintenance.

The Change of Squamous Cell Cancer Antigen (SCC Ag) Level as A Tumor Marker in Squamous Cell Lung Cancer (편평세포 폐암환자에서 Squamous Cell Cancer Antigen(SCC 항원)의 변화)

  • Kim, Young-Jun;Park, In-Won;Choi, Byung-Whui;Hue, Sung-Ho
    • Tuberculosis and Respiratory Diseases
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    • v.39 no.5
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    • pp.400-406
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    • 1992
  • Background: It has been known that see antigen was used in diagnosis of uterine cervical cancer and also known to be higher in squamous cell lung cancer. There has been no report about see antigen in squamous cell lung cancer in Korea. This study was designed to evaluate the usefulness of see antigen as a diagnostic tool and index for follow up after treatment. Method: The serum level of see antigen was measured in 12 cases with squamous cell lung carcinoma, 9 patients with other types of lung cancer, 7 patients with benign lung disease and 7 normal subjects by radioimmunoassay with Abott see Riabeap radioimmunoassay kit. We also measured see antigen after treatment in 6 patients who had received chemotherapy or sugery. Result: 1) The level of see antigen ($mean{\pm}1$ SD) was $2.27{\pm}1.53$, $0.67{\pm}0.38$, $0.62{\pm}0.53$, $0.53{\pm}0.36\;ng/ml$ respectively. 2) The see antigen activity in squamous cell lung carcinoma according to stage were as gollows. I; $2.07{\pm}1.56$, $III_a$; $5.04{\pm}0.53$ $III_b$; $1.94{\pm}0.7$ IV; $1.07{\pm}0.64$ (ng/ml). 3) In squamous cell lung cancer, 5 of 12 (42%) cases was shown more than 2.0 ng/ml see antigen. (sensitivity; 42%), but there was no case in any other type of lung cancer, benign lung disease, and in control groups (specificity; 100%). 4) The serum sec antigen level after treatment was significantly decreased in patients with partial or complete remission (p<0.01). Conclusion; It was suggested that see antigen might be used as a useful tumor marker for the response of treatment and assessment of prognosis in squamous cell lung cancer, but further study should be performed for the clinical use of see antigen.

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